1.
Marriage settlements and any modifications thereof shall be governed by the
Statute of Frauds - FALSE
Under the Family Code, marriage settlements are no longer governed by the Statutes
of Frauds.
If covered or not:
• Under the Statute of Frauds, verbal agreements are unenforceable.
• Under the Civil Code, an MS are unenforceable if it is not in writing.
• Under the Family Code, it’s void. Marriage Settlements are no longer under the
Statute of Frauds
implementation vs. effectivity of laws
- not the same
- implementation is not the appropriate word for effectivity of laws
A donation by reason of marriage involving a fountain pen is valid, even if it is
not in writing. FALSE
- fountain pen could have had a value of more than 5,000 pesos in which case it
must be made in writing before it can be a valid donation.
- oral donations also require simultaneous delivery before it can be valid.
**provisions of FC also applies to conjugal partnership of gains before the
effectivity of the FC unless it will impair vested rights prior to the effectivity
of the FC.
The fruits from the exclusive property of a spouse shall form part of the:
**Manner of acquisition of property does not matter (onerous/gratuitous -
execption). It is when it was acquired. Before or after.
**If the rule is not absolute or has exception, use the phrase "As a rule"
**ALWAYS take note of EXCEPTIONS - this is where the real "labanan" happens
Suspensive condition is not the same as resolutory condition (for revokation of
donations)
- suspensive - until the condition is fulfilled, there is no obligation (existence)
- resolutory - the obligation exists and can be extinguished/resolved upon
compliance
civil fruits - comes from a juridical transaction
natural - comes from the land
industrial - comes from your toil/hardwork
REMEMBER:
CONJUGAL PARTNERSHIP OF GAINS - conjugal property
ABSOUTE COMMUNITY OF PROPERTY - community
Donation of a brand new toyota altis
- in writing or public instrutment for it to be valid
Co-ownership
- look at actual contribution first
- no proof, presumed equal contribution
- no contribution, presumed that the contribution is in the maintenance of the
family
When is compromise not needed for suits between family members?
1. those covered by Art. 235 of NCC
2. for future support
3. relations of the parties involved - not a member of the family as provided in
Art. 150
For you to discuss the exceptions--you must first determine whether or not it is
constituted as a family home.
Family Home - don't use included
Family home is the dwelling house and the lot it is situated in.
- nothing in the provision mentioned ownership of both
- subject to conditional sale wherein ownership is transferred
afterwards
SC - must own both house and the land
preservation of the family home - for the preservation of the nature of family as a
social instution
Issue to this interpretation
- poor Filipino family don't own land
Scenario:
A - 5 year old boy, son of B and C
A is living with his grandparents, X&Y, and other relatives
B&C working in the city
X&Y who consttuted fam home, died
Is A a beneficiary of the family home?
Assuming yes, until when will this house and lot be considered fam home?
1. It depends. A may not be a beneficiary of the grandparents' fam home if A is
just living with them but is dependent on his parents for legal support.
2. until A reaches the age of majority (13 years pa)
*There is no child that has no civil status upon birth. All children will have one
upon birth.
If the child is born out of wedlock - that child is an illegitimate child? Depends.
- if child was conceived during a marriage
*Legitimation happens AFTER. Not before and upon birth
*Illegitimate/Legitimate - status of the child
*Legitimated - judicial action???
*When mother dies, then no child. only the husband must die in the scenario where
child is conceived during marriage but born outside a valid marriage.
Void - marriage - illegitimate child - FALSE - exceptions - void under art. 36
(psych incap) or Art. 53 (one of the spouses in the subsequent marriage did not
comply with the requirements in Art. 52 - hnd kasama ung death of husband -
presumptive legitimes so no death - must be dissolved through annulment or
declaration of nullity)
If marriage is void. before decl of nullity of marriage. there were 3 children in
the marriage. status of the children.
Under FC:
depends on why it was void. and when the children were conceived or born.
if lack of essential requirements - then illegitimate bec marriage is considered
void ab initio (marriage never took place at all)
exceptions under Art. 36 or 53.
Under NCC:
All children will be illegitimate regardless of reason of nullity of marriage
FOCUS ON THREE
1. proof affiliation - 172 (legitimate) in relation to 175 (illegitimate)
- illegitimate - concerned parent is alive - all in the list
- illegitimate - concerned parent is dead - can no longer use the proof
under second paragraph (in the absence) - FC only (NCC would allow it)
2. impugnation - who can?
- impugn the legitimacy? the filiation? or paternity?
- despite the word "legitimacy" it also impugns the filiation - sir's
opinion
- SC ruling - during the lifetime of the husband of the mother, only
the husband can impugn. Reason: maaaffect 'yung reputation ng asawa
ng nanay ng bata (Liyao v. Tanhoti- Liyao)
- bakit ung putative father lang pwede?
3. Legitimation
Premise: illegitimate child.
With legitimation, the illeg child will be considered a legitimate child.
- retroacts to the date of birth
Requisites:
1. at the time of child's conception, the parents must be disqualified by any legal
impediments to marry.
- bigamy - the child can no longer by legitimated - FC
- NCC - natural children by legal fiction - illeg child from bigamous
marriage - parents remarried after the first/whichever spouse died - valid
marriage - legitimated
2.marriage must be a valid marriage
- legitimation will benefit the descendants of the children who died
before the legitimation
- example: successions (iron curtain rule)
Defense on the compromise thing
- must be raised at the earliest possible opportunity before the appellate court
- otherwise, it will be subject to a waiver
